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Contents (2004 - 143)
State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
Current version for 14 July 2017 to date (accessed 19 November 2017 at 16:08)
Chapter 3 Part 1A Clause 24
24   Site compatibility certificates required for certain development applications
(1)  This clause applies to a development application made pursuant to this Chapter in respect of development for the purposes of seniors housing (other than dual occupancy) if:
(a)  the development is proposed to be carried out on any of the following land to which this Policy applies:
(i)  land that adjoins land zoned primarily for urban purposes,
(ii)  land that is within a zone that is identified as “special uses” under another environmental planning instrument (other than land on which development for the purposes of hospitals is permitted),
(iii)  land that is used for the purposes of an existing registered club, or
(b)  the development application involves buildings having a floor space ratio that would require the consent authority to grant consent under clause 45.
(1A)  Despite subclause (1), this clause does not apply to a development application made pursuant to this Chapter in respect of development for the purposes of seniors housing if the proposed development is permissible with consent on the land concerned under the zoning of another environmental planning instrument.
(2)  A consent authority must not consent to a development application to which this clause applies unless the consent authority is satisfied that the Director-General has certified in a current site compatibility certificate that, in the Director-General’s opinion:
(a)  the site of the proposed development is suitable for more intensive development, and
(b)  development for the purposes of seniors housing of the kind proposed in the development application is compatible with the surrounding environment having regard to (at least) the criteria specified in clause 25 (5) (b).
Note.
 Clause 50 (2A) of the Environmental Planning and Assessment Regulation 2000 requires a development application to which this clause applies to be accompanied by a site compatibility certificate.
(3)  Nothing in this clause:
(a)  prevents a consent authority from:
(i)  granting consent to a development application to which this clause applies to carry out development that is on a smaller (but not larger) scale than the kind of development in respect of which a site compatibility certificate was issued, or
(ii)  refusing to grant consent to a development application to which this clause applies by reference to the consent authority’s own assessment of the compatibility of the proposed development with the surrounding environment, or
(b)  otherwise limits the matters to which a consent authority may or must have regard (or of which a consent authority must be satisfied under another provision of this Policy) in determining a development application to which this clause applies.
Note.
 Nothing in this clause affects a consent authority’s duty to give effect to non-discretionary standards set out in this Policy. See, for example, clauses 48, 49 and 50.
(4)    (Repealed)